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HomeMy WebLinkAbout19761 - RESOLUTIONS - 3/15/2000 RESOLUTION NO. 19761 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 28236 FOR A REQUEST TO SUBDIVIDE THE EXISTING 2.8 ACRE SITE FROM THREE(3)LOTS INTO SIX (6) LOTS LOCATED AT THE SOUTHWEST CORNER OF GENE AUTRY TRAIL AND SUNNY DUNES ROAD, M-1 ZONE, SECTION 19. WHEREAS,Ron Williams,(the"Applicant")has filed applications with the City pursuant to Section 9406.00 of the Zoning Ordinance for a Variance and the Palm Springs Municipal Code, Section 9.60 for Tentative Parcel Map 28236 to subdivide a 2.8 acre parcel into six lots for property located at the southwest corner of Gene Autry Trail and Sunny Dunes Road,M-1 zone, Section 19; and , WHEREAS,the related variance for reduced lot size and lot width is necessary based on the proposed lot sizes and lot dimensions; and WHEREAS,notice ofapublic hearing ofthe Planning Commission ofthe City ofPalm Springs to consider Applicant's application for Variance 6.435 and TPM 28236 was given in accordance with applicable law; and WHEREAS,on November 10, 1999,a public hearing on the application for Variance 6.435 and TPM 28236 was held by the Planning Commission in accordance with applicable law; and WHEREAS,the Planning Commission considered the applicant's request for the project at its duly noticed meeting held on November 10, 1999 and voted 5-0-1-1, to approve the Variance and recommend approval ofthe Tentative Parcel Map,subject to the conditions of approval(in Exhibit A), consistent with the requirements of the ordinances of the City and State Law; and WHEREAS,the City Council has independently reviewed all evidence provided including the staff report dated March 1,2000 and all other written and oral testimony and finds the project,subj ect to the original conditions of approval(as modified in Exhibit A),consistent with the requirements of the ordinances of the City and State Law; and THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The project is categorically exempt from the requirements of CEQA pursuant to Section 15332 (urban infill development project) of the CEQA Guidelines. Section 2: Pursuant to Government Code Section 66473.5,the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives,policies,and general land uses and programs provided in the City's General Plan and any applicable specific plan; and /O$ :19761 age 2 Section 3: Pursuant to Government Code Section 65567,the City Council finds that the proposed subdivision and the provisions for its design and improvements are compactible with the objectives, policies and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code Section 66474,the City Council finds that with the incorporation of these conditions attached in Exhibit A: , a. The proposed map is consistent with the applicable general and specific plans. Pursuant to the General Plan,the proposed subdivision map is consistent with the density, goals, policies, and objectives for commercial development. b. The design or improvements of the proposed subdivision are consistent with the General Plan and that the Planning Commission approved a Variance for minimum lot area and minimum lot depth at its meeting of November 10, 1999. The proposed subdivision map implements internal and external traffic circulation patterns and parking criteria consistent with General Plan commercial development standards in the area. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The Variance approved by the Planning Commission and the associated conditions of approval will create an appropriate improvement in compliance with the applicable development criteria in the M-1 zone. ' d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within an M-1 zoning classification and designated Business- Industrial by the City ofPalm Springs General Plan. The proposed subdivision will create parcels similar in size to those in the area and zone. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildhfe or the habitat. A categorical exemption pursuant to the standards ofCEQA Section 15332,urban infill development, is applicable to this project. f. The design of the subdivision or improvements is not likely to cause serious public health problems. The subdivision and improvements have been designed to minimize potential safety issues by positioning driveways and internal traffic flows per the City of Palm S prings traffic standards and Fire Department standards. The subdivision is consistent with lot size ' patterns in the area. R19761 Page 3 g. The design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of the property within the proposed subdivision. The project will not conflict with the existing traffic flow adj acent to the property or with access to utilities required to serve the subdivision and the immediate area. NOW,THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council approves Tentative Parcel Map 28236 subject to those conditions set forth in the attached Exhibit A. ADOPTED this 15" day of March , 2000. AYES: Members Jones, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSTAIN: None None ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA B City Clerk City Manager ' � L REVIEWED AND APPROVED AS TO FORM � o� 3 IN THE CITY OF PALL SPRINGS. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA AL TENTATIVE PARCEL MAP NO. 28236 SANBORN BEING A DIVISION OF PARCELS 1. 2.X 3 OF PARCEL YAP 8783 AS RECORDED IN PARCEL ARCWTECTURE YAP BOOK 35. PACE 91 RIVERSIDE COUNTY RECORDS AND BEING A PORTION CIVL ENGIFE_EWNG W.Q. ©ort IE I I LAND SURVEYING OF FORTY EAST !/G OF SECTION 19. T'S., R....., 5.99.±li _ . •� I I ^ va NEOflN AlE N^ S u a. OWNER/SUBDIVIDER. ` iOOx WI PALn s.aCww'v ]3 N CwxiO; D4 ,.,I SPRINGS,CA ]]c] W IY11 SO PAL1'I COLONY LAND Pa RCc Pa .,�L 2 I ; TRACT ENGINEER mB VI/t5Z". Q NO. N899 UI LO SA..OFR A i u_INC I]]l 5 GENE A TRY TRAIL 5TE C 1 >rJ 1 I8-19 A I--• PALM SPRINGS C.11FORNIA 1]] N 1I 5s-1.x J I z � 0 UTILITIES: ELECTRIC. 50 CALIFORNIA EDISON GAS 50 CALIFORNIA GAS CO o 3 TELEPHONE GENERAL TELEPHONE SEWER CITT OF PALn R AG 5PRING5 WATER DESERT WATE ENCY 'F I C TELEVISION WARMER CABLE V I I O_ T ` •,°,-• 'I•-v _ ARC NRCEY 4 . ASSESSORS PARCEL NO - RO-Ira-Ol. O.. 011 ACREAGE: ❑ c tf +\ ` 1� < / I1 ]! ACRES ly ZONING I LAND USE IW I Q �• - ���'��_S I ESTIxG ZONxG - $ ' P1,AhR\CE �6 ExrmL usEI vuvemDwLS J ; 'T"•—^_' ---- V` TENTATIVE PARCEL MAP NO 2.23L PALM SPRINGS CALIF ORH1A As TENTATIVE MAP SAN RAPHAEL PIN IA519 I : -' - --� P 19 B is AI 103q RESOLUTIONNO. '19761 EXHIBIT A Tentative Parcel Map 28236 Southwest Corner of Sunny Dunes Road/Gene Autry Trail March 15, 2000 CONDITIONS OF APPROVAL Before final acceptance ofthe project,all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director ofPlanning,the Chief ofPolice,the Fire Chiefor their designee,depending on which department recommended the condition. Any agreements,easements or covenants required to be entered into shall be in a form approved by the City Attorney. APPLICATION FOR APPROVAL OF TENTATIVE PARCEL MAP NO. 28236 CREATING 6 LOTS LOCATED AT 4801 SUNNY DUNES ROAD EAST,712 AND 730 EUGENE ROAD(APN 680-160-038,044,045,SECTION 19,T 4 S,R 5 E,S.B.B.M.,CASE NO.TPM 28236,ENG.FILE NO. TPM 28236 1. The proposed development ofthe premises shall conform to all applicable regulations ofthe Palm Springs Zoning Ordinance,Municipal Code,or any other City Codes,ordinances and resolutions which supplement the zoning district regulations. 1 a. The owner shall defend, indemnify,and hold harmless the City of Palm Springs, its agents, officers,and employees from any claim,action,or proceeding against the City ofPahn Springs or its agents,officers or employees to attach,set aside,void or annul,an approval of the City of Palm Springs,its legislative body,advisory agencies,or administrative officers concerning Case 6.435 and TPM 28236. The City ofPalm Springs will promptly notify the applicant ofany such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense ofthe matter by the City Attorney. Ifthe City of Palm Springs fails to promptly notify the applicant of any such claim,action or proceeding or fails to cooperate fully in the defense,the applicant shall not,thereafter,be responsible to defend,indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing,the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein,except,the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal,shall not cause a waiver of the indemnification rights herein. 2. Prior to final map approval,the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney,with reference to present and future owners of the parcel. 3. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case ofthe in- lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code,the feeing being 1/2%n for commercial proj ects or 1/4%for residential proj ects with first$100,000 oftotal building pen-nit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall ' be reviewed and approved by the Director of Planning and Building and the Public Arts Commission,and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 4. No outside storage of any kind shall be permitted except as approved as apart of the proposed plan. 5. The applicant shall provide all tenants with Conditions of Approval of this project. 6. Approval ofthese applications does not constitute architectural approval for the three(3)vacant parcels within the subdivision. Architectural approval or other appropriate permits will be required for any development on the three (3) vacant lots. 7. The applicant shall maintain all parking and outside areas free of storage and iremove or obtain permits for all illegal signs and lighting fixtures prior to the recordation of the Final Map. 8. A reciprocal access and parking agreement shall be provided for all parcels to use any driveway to access the site or location to park. This agreement shall be reviewed or approved by the Director of Planning and Building and the City Attorney prior to recordation of the Final Map. POLICE DEPARTMENT: 9. Developer shall comply with Section.II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 10, The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 11. Prior to any construction on-site, all appropriate permits must be secured. FIRE: (For Future Development) 12. Buildings in excess of 3000 sp. Feet to be fire sprinkled. Design per NFPA# 13. 24 hour supervision required on water flow and all interior control valves. 13. Construction sites to be fenced and on duty security guard required during all non-working hours. ' 14. Access to rearofproposed alleywayto provide a minimum clear width of 20 feet for emergency fire apparatus. Alley to be continuous to public street so that no dead ends are created. 1.5. Two(2)class 3 standpipes will be required in the alleyway to provide fire suppression needs in the event of an emergency. Exact locations to be determined during building plan check. 10 Isr, 0U 16. Provide Public Super Fire Hydrants on Gene Autry. Fire Flow to be determined when building plans are submitted indicating location ofdriveways,etc. Fiore Hydrants to be within 30 feet of Fire Department Connections (FDC `s). 17. Additional comments will be made as conditions warrant. 18. Construction shall be in accordance with the 1994 Uniform Fire Code with 1995 California amendments, 1994 Uniform Building Code with 1995 California amendments,NFPA 72,96 and UL - 300. 19. Exterior doors and openings required by the 1994 Uniform Fire Code,Article 9,See.902.3 or the Uniform Building Code shall e maintained readily accessible for emergency access by the fire department. 20. Fire department access roads shall e provided in accordance with 1994 Uniform Fire Code, Article 9, See. 902. 21. Recommend construction site fencing with access gates at least 14'in width equipped with a KNOX lock. Contact this office as soon as possible for KNOX application form. 22. Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 23. Premises identification shall be in accordance with 1994 UFC,Article 9,Sec.901 &902 and 1994 Uniform Building Code, Chapter 5. Contact building official. 24. Water supplies and fire hydrants shall be in accordance with 19094 Uniform Fire Code,Article 9, See. 901 and 903, and Desert Water Agency or Mission Water District specifications. 25. For Commercial Cooking Operations a ventilating Hood&Duct system shall be installed in accordance with 1994 Uniform Fire Code, Article 10, NFPA 96 and UL - 300. 26. Fire Alarm System required. Installation and Maintenance of a fire alarm system shall be in accordance with 1994 Uniform Fire Code, Article 10, Sec. 1007 and NFPA Pamphlet 72. 27. Exits and emergency escapes shall be in accordance with 1994 Uniform Building Code Chapter 10. Contact building official. 28. Portable fire extinguishers shall be installed in accordance with 1994 Uniform Fire Code, Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75'of floor or grade travel distance. 29. The installation of an automatic fire sprinkler system is required. Design and installation shall only be done by a licensed C-16 contractor in accordance with Article 10,Section 1003, System to be installed per NFPA Pamphlet 13. Contractor to submit plans directly to this office for review as soon as possible. Submittal to include manufacturers data and listings with expiration dates including hydraulic calculations. Sprinkler heads shall be UL listed and CSFM approved. ENGINEERING: The Engineering Division recommends that if this application is approved,such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the prof ect,all conditions listed below shall be completed to the satisfaction of the City Engineer. ' An Improvement Certificate per the Subdivision Map Act,Section 66411.1 shall be shown on the Parcel Map to cover construction of improvements required per conditions marked*prior to issuance of a building permit STREETS 30. Submit street improvement plans preparedby a Registered Civil Engineerto the Engineering Division.The plan(s)shall be approved by the City Engineer prior to issuance;of any grading or , building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. GENE AUTRY TRAIL SOUTH ' *31. Developer shall obtain State permits and approval ofplans for all work done;on State Highway 111 prior to the City ofPahn Springs issuing any grading orbuilding permits.See the City ofPahn Springs Field Supervisor pertaining to work being allowed according to City ofPalm Springs Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares.Condition Nos. 3 through 7 are subject to Caltrans approval. *32. The driveway approach shall be constructed in accordance with City ofPahn Springs Standard Drawing No. 205 and have minimum width of 24 feet to accommodate a curb ramp. 33. Gene Autry Trail South is a limited access highway.The access to the southerly 2 lots shall be;one driveway approach centered on the common property line.Access to the northeast lot shall be from Sunny Dunes Road East. *34. Construct an 8 foot wide combination sidewalk and bicycle path along the entire GENE AUTRY TRAIL SOUTH frontage.The construction shall be adjacent to the curb with colored Portland Cement concrete.The admixture shall be Palm Springs Tan,Desert Sand,or approved equal color by the Engineering Division. The concrete shall receive a broom:finish. *35. Construct a sidewalk handicap ramp meeting current California State Accessability standards at , both sides of the driveway approach and at the NORTHEAST corner of the subject property. *36. All broken or off grade CURB,GUTTER,AND AC PAVEMENT shall be repaired or replaced. /01S07 SUNNY DUNES ROAD /0038 37. Any improvements within the street right-of-way require a City ofPalm Springs Encroachment Permit. *38. Construct a 6 inch curb and gutter,20 feet SOUTH of centerline along the entire frontage,with a 35 foot radius curb return at the NORTHWEST corner ofthe subj ect property per City ofPalm Springs Standard Drawing No. 200. *39. Construct the EAST half of a 6 foot cross gutter and spandrel at the intersection of SUNNY DUNES ROAD EAST and EUGENE ROAD with a flow line parallel to the centerline of SUNNY DUNES ROAD EAST in accordance with City of Palm Springs Standard Drawing Nos. 206 and 207. *40. The driveway approach shall be constructed in accordance with City ofPahn Springs Standard Drawing No. 201 and have minimum width of 24 feet. *41. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. *42. Constrict a ramp for the physically handicapped at the NORTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 212. 43. All broken or off grade CURB,GUTTER,AND AC PAVEMENT shall be repaired or replaced. EUGENE ROAD 44. Any improvements within the street right-of-way require a City ofPahn Springs Encroachment Permit. 45. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. SANITARY SEWER 46. Connect all sanitary facilities to the City sewer system. GRADING 47. A copy ofa Title Report prepared/updated within the past 3 months shall be submitted to the City Engineer with the first submittal of the Grading Plan. 48. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Division for 11 plan check.Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. ' 49. Drainage swales shall be provided adjacent to all curbs and sidewalks-Y wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters. 50. In accordance with City of Palm Springs Municipal Code,Section 8.50.00,the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 51. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part ofthe grading plan for the proposed site.A copy ofthe soils report shall be submitted to the Building Department and to the Engineering Division along with plans,calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 52. Contact,the Building Department to get PM10 requirements prior to request for grading;permit. DRAINAGE 53. The developer shall accept all flows impinging upon his land and conduct these flows to an ' approved drainage structure.On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development ofthe site.Provide calculations to determine ifthe developed Q exceeds the capacity of the approved drainage carriers. 54. The proj ect is subject to flood control and drainage implementation fees.The acreage drainage fee at the present time is$9,212.00 per acre per Resolution No. 15189.Fees shall be paid prior to issuance of a building permit. ON-SITE 55. The minimum pavement section for all on-site streets/parking areas shall be a minimum of 2-1/2 inch asphalt concrete pavement over 4--inch Class lI aggregate base with a minimum subgrade of 24 inches at 95%relative compaction,OR equal.The pavement section shall be designed,using "R"values,determined by a licensed Soils Engineer and submitted with the Fire Grading Plan to the City Engineer for approval. 56. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. I'D 47 /oZ/ 0 GENERAL 57. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch.See City ofPahn Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 58. All existing utilities shall be shown on the grading/streetplans.The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 59. Developer shall contact all utility purveyors to obtain written confirmation of service and submit a copy of all utility company will-serve letters to the City Engineer with first plan check. 60. Nothing shall be constructed or planted in the corner cut-off area of any street intersection or driveway which does or will exceed 30 inches in height in order to maintain an appropriate sight distance. 61. All trees within the public right-of-way and within 10 feet ofthe public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 62. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all lots created therefrom shall be submitted with the Final Map to the Engineering Division. 63. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review.Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 64. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility.The developer shall provide same through dedication of additional right-of-way and widening ofthe sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles,conduit,pull boxes and all appurtenances located on the GENE AUTRY TRAIL SOUTH, SUNNY DUNES ROAD EAST and EUGENE ROAD frontages of the subject property. 65. The developer shall replace all damaged or destroyed traffic control devices and provide any new traffic control devices required by the City Engineer on the GENE AUTRY TRAIL SOUTH, SUNNY DUNES ROAD EAST AND EUGENE ROAD frontages prior to issuance of a Certificate of Occupancy. 66. A 30 inch"STOP"sign and standard"STOP BAR"and"STOP LEGEND"shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: Gene Autry Trail South @ Driveway Sunny Dunes Road East @ Driveway 67. Construction signing,lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City'.Engineer.As a minimum,all construction signing,lighting and barricading shall be in accordance with State of California,Department o f Transp ortation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996,or subsequent additions in force at the time of construction. '